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1. The Defendant: (a) KRW 4,193,00,000 for the Plaintiff and KRW 2.9% per annum from January 1, 2015 to April 24, 2015; and (b) April 25, 2015 for the Plaintiff.
Reasons
1. Basic facts
A. On July 22, 2003, the Defendant, a local government, concluded a concession agreement for private investment facilities projects of D (hereinafter “existing concession agreement”) between the Plaintiff and the Plaintiff, a project implementer, under the Act on Private Participation in Infrastructure (hereinafter “Private Investment in Infrastructure”), which is a road facility from Yongsan-gu to Kimpo-si, Seoyang-si, Seoul, to which Kimpo-si is a project implementer, pursuant to the Act on Private Participation in Infrastructure (hereinafter “Private Investment in Infrastructure”). The main contents are as follows.
Part I of the General Provisions of Article 1 (Purpose) The purpose of this Convention is to conclude the agreement between the defendant and the plaintiff necessary for the implementation of the D Construction Project in accordance with the Private Investment Act, the Enforcement Decree of the same Act, the master plan for private investment projects, and the master plan
Article 2 (Definitions), unless otherwise provided for in this Convention, the definitions of terms used in this Convention shall be as follows:
10. The management and operation rights: the management and operation rights that the Governor of the Gyeonggi-do establishes to the plaintiff under the Private Investment Act and this Convention for the project.
24. Gratuitous use period: the period for which the plaintiff can use and benefit from the facility of this business by being granted management and operation rights relating to the business of this case.
29. Base toll revenue: 90% of the estimated toll revenue for a specific business year specified in Appendix 6-1, unless otherwise stipulated in this Convention.
53. The term "loan" means the act of borrowing funds from financial institutions, etc. necessary for the business of the plaintiff;
54. Loan contracts: Contracts entered into between the Plaintiff and the lender, etc. to raise funds necessary for the projects;
61. Total priority obligations: The eligible class for investments by others, which the plaintiff raised under the loan contract (which shall be) for the Project and properly invested in the Project.